Bike OC

[Pro2A]

Recently I bought a bike to ride to work on nice days so I don't have to waste gas. I only work less than a mile from home, so a bike would give me good exercise, and I can save gas. What are the laws pertaining to OC on a bike? Is it considered a vehicle (even without a motor), or is it considered being on foot and all OC laws are applicable on a bike as they are on foot? What are the legal requirements if stopped?

[gnbrotz]

Can't speak from a legal standpoint, but I would not make an issue with it being considered a "vehicle". While not required to have an operator's license for the bike, you have all the same rights/responsibilities as when you are operating any other vehicle (you must obey the speed limit, stop at stop signs, etc.).

[gklugie]

I think a bike may qualify as a vehicle. You must obey traffic rules when riding, etc. BETTER TO ERR ON THE SIDE OF CAUTION....

[headcase]

I would really like to see a case where a bicycle, or a motorcycle for that matter, was ruled to need a LTCF to carry a firearm on one. I have to believe the spirit of the law there was designed for officer safety while doing traffic stops. In a car or truck, half to three quarters of your body is concealed from view, and who knows what you might be hiding up against the door or under the seat. On a motorcycle, or bicycle, your whole body is in plain view and in order to conceal a firearm, you would literally have to have it concealed on your person, which needs a LTCF. Please someboby show me something concrete.....

[awkx]

From Webster:

Bicycle, noun: A light vehicle having two wheels one behind the other.

However, it can be argued that neither you nor your firearm are in such a vehicle. But, I would err on the side of caution and not carry without a LTCF.

§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree. ...

[headcase]

You move my point forward. In order to be in a vehicle, it would need to have doors or at least some sort of enclosure. I really can't see an honest judge, convicting someone under that statute as you were very clearly not IN anything, you were ON something.



ETA~ I am in no way suggesting it is legal to carry openly on a bicycle or motorcycle without a LTCF. I am questioning the legality of charging someone under the statute and am asking for case references, or personal experience.

[Bilbo]

Aside from instigating an interaction to produce case law, is there any other way to get a firm legal statement on this one?

Is there no one to petition for clarification?

[Coop650]

I don't really have an answer, but good for you for riding a bicycle. I have a Kona mountain bike and actually rode it the 32 mile round trip to class one day. I need to get in better shape before that could be a regular occurrence though .

[Bilbo]

Brand new Specialized Hardrock here. Working up past the 3-4 mile rides right now. I haven't been on a bicycle before last month in about 8 years

[LM4300]

From Title 75 (PA Vehicle Code) Bolding is mine

§ 3501. Applicability of traffic laws to pedalcycles.
(a) General rule.--Every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special provisions in this subchapter and except as to those provisions of this title which by their nature can have no application.

(b) Application of subchapter.--The provisions of this subchapter apply whenever a pedalcycle is operated upon any highway or upon any path set aside for the exclusive use of pedalcycles subject to the exceptions stated in subsection (a).

In my NOT-A-LAWYER-opinion, a bicycle is considered a vehicle for traffic laws. I know that there is similar statements for bicycles involved in crashes also. Since when/where you carry a firearm is not a TRAFFIC offense, governed by the Vehicle Code. Bicycles do not apply if OC/CCing.

Again this is not clarification, just arguement.

Also, I've started a partial bike commute to work. (Specialized Allez Road Bike) The guns stay at home...ever try to OC/CC in spandex? It ain't pretty